When juveniles commit serious crimes, prosecutors may seek to try them in adult criminal court rather than juvenile court. Transfer or waiver to adult court exposes minors to adult penalties, including lengthy prison sentences. Understanding the transfer process helps families fight to keep cases in juvenile court.
Juvenile vs. Adult Court
Juvenile courts focus on rehabilitation rather than punishment. Sentences typically end at age 18 or 21, records may be sealed, and the system emphasizes treatment and services. Adult court focuses on punishment—convictions result in prison sentences, permanent criminal records, and adult consequences.
The stakes of transfer are enormous. A 15-year-old tried as an adult for murder could receive life in prison. The same case in juvenile court might result in confinement until age 21.
Mechanisms for Transfer
Judicial waiver involves a hearing where a judge decides whether to transfer the case after considering various factors. This is the most common method and provides the most opportunity to argue against transfer.
Prosecutorial discretion (or direct file) allows prosecutors to file serious charges directly in adult court without a hearing. Many states authorize this for certain offenses or age/offense combinations.
Statutory exclusion automatically requires adult court for specified offenses—typically murder, sexual assault, or armed robbery by older teenagers. No transfer hearing occurs; the case starts in adult court.
Factors in Judicial Waiver Hearings
When judges decide whether to transfer, they typically consider the seriousness of the offense, whether the crime was against persons or property, the juvenile's prior record, the juvenile's age and maturity, the juvenile's amenability to rehabilitation in the juvenile system, and the time remaining for juvenile court jurisdiction.
Demonstrating rehabilitation potential is critical. Evidence of mental health issues, trauma history, family support, and responsiveness to treatment argues for keeping the case in juvenile court.
The Reverse Waiver
When cases start in adult court through direct file or statutory exclusion, many states allow reverse waiver—transferring the case back to juvenile court. Defense attorneys should always consider requesting reverse waiver when cases are filed directly in adult court.
Reverse waiver requires showing the juvenile system can adequately address the situation.
Age Matters
Most states allow transfer for juveniles 14 and older, with some permitting transfer as young as 10 for the most serious offenses. Brain science research shows adolescent brains aren't fully developed, which courts increasingly consider—younger juveniles are harder to transfer.
Supreme Court decisions like Roper v. Simmons (no death penalty for juveniles) and Miller v. Alabama (no mandatory life without parole for juveniles) recognize developmental differences between adolescents and adults.
Consequences of Adult Conviction
Juveniles convicted as adults face adult penalties: long prison sentences in adult facilities, permanent adult criminal records, sex offender registration if applicable, loss of voting rights and firearm rights, and collateral consequences affecting education, employment, and housing.
Adult prison is particularly dangerous for young people, with higher rates of assault, abuse, and suicide compared to juvenile facilities.
Fighting Transfer
Effective transfer defense involves comprehensive evaluation by mental health professionals, demonstrating amenability to treatment, presenting mitigation evidence about the juvenile's background, challenging the seriousness characterization, and showing juvenile court can adequately respond.
Expert witnesses on adolescent development, trauma, and rehabilitation potential often influence transfer decisions.
Blended Sentencing
Some states offer blended sentencing—juvenile court imposes a juvenile disposition with a suspended adult sentence. If the juvenile successfully completes juvenile programming, the adult sentence is vacated. This compromise keeps juveniles in the juvenile system while ensuring accountability.
Post-Conviction Relief
Juveniles sentenced as adults may have grounds for later relief. Recent Supreme Court decisions have been applied retroactively to reduce sentences for those convicted as juveniles. Even after adult conviction, legal options may exist.
Getting Legal Help
Juvenile transfer proceedings require specialized defense. Attorneys experienced in juvenile defense understand the unique considerations, know how to present mitigation effectively, and can assemble expert witnesses. Given the lifelong consequences of adult conviction, aggressive representation is essential.